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B-196349 1 (1979-11-09)

handle is hein.gao/gaobadhsk0001 and id is 1 raw text is: ~ot, UR yq _ : 47 THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 2054e FILE: B-196349 MATTER OF: Ben R. Shippen d/b/ DATE: November 9, 1979 a Assurance Company OIGEST: Request for ruling by GAO concerning applicability of Davis-Bacon Act to certain offsite work performed under construction contract will not.be considered since matter is before court of competent jurisdiction. This matter involves a request by Ben R. Shippen d/b/a Assurance Company for a ruling on the applica- bility of the Davis-Bacon Act, 40 U.S.C. S 276a (1976), to certain work performed by Assurance under contract DACA84-74-C-0003. For reasons discussed below, the matter is not appropriate for our consideration. Contract DACA-74-C-0003, for the renovation of family housing at Schofield Barracks, Oahu, Hawaii, was awarded to Assurance by the Department of the Army. Performance on the contract commenced in October 1973, and work was substantially completed by October 1974. By letter dated December 20, 1974, the Department of the Army informed Assurance that the work performed at the fabrication worksite was covered by the Davis- Bacon Act and that all of the workers at the fabrica- tion worksite had been underpaid under applicable Davis-Bacon wage rates. Moreover, the overtime paid pursuant to the Contract Work Hours and Safety Stan- dards Act (CWHSSA), 40 U.S.C. § 327, et seg., was insufficient since it was based on a lower basic rate of pay than required by the Davis-Bacon Act. Thus, Assurance was determined to be in violation of CWHSSA. Pursuant to the provisions of CWHSSA, the procuring activity assessed Assurance $10 in liquidated damages for each violaton for a total of $5,210.